Study On Legal Conflict And Legal Application Of Trademark Right

The main reason for the above situation is that the protection of intellectual property rights has not yet established a relatively complete and effective unified entity law system in the world.When it fails to start with the enactment of substantive laws,countries have again focused their attention on the research and formulation of conflict norms in the field of intellectual property,with a view to using the rules of conflict law to provide appropriate protection of intellectual property rights.In intellectual property,trademarks are an important part,but neither academics nor practical circles have paid insufficient attention to this area.However,under the influence of globalization,trademarks have become a symbol of various multinational companies entering new markets.Cases concerning trademark disputes,such as issues concerning the application of laws,ownership of trademark rights,jurisdiction,etc.,have become more and more important,and international trademark disputes have also increased.Based on this,the article closely follows the theoretical system of intellectual property rights conflict,combined with relevant conflict law principles and case studies,and analyzes the regulatory ideas of China’s "Law on the Application of Civil Relations in Foreign Relations" to try to construct a foreign-related trademark from multiple levels."Law" theory and practice are feasible paths.In the first part of the article,it mainly explores whether there is a real connection between trademark rights and private international law.Does the inherent territoriality of intellectual property really hinder the occurrence of legal conflicts?The author conducts permeability analysis by analyzing the inherent public rights of intellectual property and the logical starting point of private international law.Trademark rights not only have public rights but also private rights,and their ultimate private interests determine that trademark rights cannot negate the principle of its private law adjustment in the presence of its public rights.In the second part,before analyzing the appropriate rules of the conflict of trademark rights law,the author first wanted to find out what defects exist in the existing theories and rules of the system of jurisdiction and law application,and what difficulties they face.The author finds that in theory,the highly integrated integration of jurisdiction and law is the main bottleneck restricting the development of the conflict law.In terms of jurisdiction,two completely opposed systems,exclusive jurisdiction and non-exclusive jurisdiction,have been formed within the global scope,and complete and consistent international jurisdiction rules have not yet been established.With regard to the application of laws,existing rules of law application face the reflection of appropriateness.The third part immediately follows the previous article.The author starts with an analysis of conflicts and regulations to explore the role of this approach in dealing with foreign-related trademark rights disputes.From the perspective of theory and practice,the author compares and analyzes the law of trademark registration,the law of the land to be protected,the law of contract,and the "separation system" of trademark rights.Through the above-mentioned process of legal interpretation of the conflict rules,it aims at different specifications.Comparison and selection results.In the fourth part,the author starts with the empirical analysis and uses the foreign-related trademark right cases concluded by Chinese courts in 2017 as samples to clarify the overall status and characteristics of trial practices from an empirical perspective,and further from the types of cases and countries or regions involved.The law of the case applies to the integration of research on several aspects of the law,and more intuitively expounds the characteristics of the law applicable to foreign-related intellectual property cases.In addition,in the case of the United States,Apple’s case of trademark rights,the analysis of cases from the perspective of private international law has reached the goal of theory from practice.At the end of the article,the theoretical construction of the previous sections was summarized and sublimated.The author used the "contract autonomy method" and"infringement autonomy law" put forward by the British scholar Daisy as the logical starting point to try to find intellectual property,especially trademark conflict rules.Whether or not there is a so-called "appropriate law" to resolve trademark conflicts in different fields,its rule system is in conformity with the ultimate goal of private international law.